In brief
In a divorce involving a private business, it must be assessed whether the enterprise falls within the community of property and what value should be assigned to it.
- Whether the enterprise must be divided or settled depends on the matrimonial property regime and any prenuptial or postnuptial agreements.
- In the case of a BV (private limited company), it must be determined whether the shares fall within the community of property and which valuation method applies.
- In a sole proprietorship or VOF (general partnership), the assets and liabilities of the business are included in the division of property.
- A buyout arrangement can have consequences for financial capacity and thus for the amount of alimony.
- Depending on the circumstances, the lawyer works together with an accountant or registered valuator for the business valuation.
What is the legal form of your business?
The legal form of the enterprise largely determines how the divorce affects the business situation. Simmelink Lawyers assists entrepreneurs in divorces involving:
- BV (private limited company) and DGA (director-major shareholder) structures
Shares, dividend position, and salary play a role in valuation and alimony. - Sole proprietorship and Freelance/ZZP
Assets and liabilities of the business are included in the division of property; the freelance income is decisive for the alimony calculation. - VOF (general partnership)
The share in the partnership must be valued and divided.
Which factors play a role?
Matrimonial property regime
Whether the business is involved in the division depends on the matrimonial property regime. In a community of property, business assets generally fall into the community. With prenuptial agreements, the business may be excluded, but a periodic settlement clause that has not been complied with can still lead to a settlement.
Business valuation
If the business falls under the division or settlement, the value must be established. Several methods exist, such as intrinsic value, the profitability method, and the Discounted Cash Flow method. Each method yields a different result. In many cases, an independent accountant or registered valuator is engaged.
Buyout and continuity
A buyout arrangement can have consequences for the liquidity and continuity of the business. Depending on the circumstances, payment in installments or an adjusted alimony agreement may be possible.
Alimony
The calculation of alimony for an entrepreneur differs from that of an employee. An entrepreneur’s income is less straightforward to determine and requires analysis of annual accounts and dividend policy.
Based on Real Cases
In one case, Simmelink Lawyers assisted a DGA in a divorce where the value of the BV was central. There was a discussion about which valuation method was most appropriate and the influence of a dividend reserve on the alimony calculation. By carefully mapping out the legal and financial situation, the parties were able to reach an agreement on the buyout sum and alimony. Every situation requires its own assessment.
Written by Carla Simmelink, family law attorney at Simmelink Lawyers.
Our Attorneys at Law
The Simmelink Lawyers team specializes in family law, International family law, and inheritance law.
The lawyers combine legal expertise with international experience.
Clients are guided by one dedicated lawyer who oversees the entire process and communicates discreetly.
A specialized lawyer is essential in complex financial situations or international components.
Our goal: legally correct, enforceable agreements that bring peace and clarity.
Carla Simmelink – Family Law Attorney, International Family Law and Inheritance Law
Family Law Attorney, International Family Law and Inheritance Law
Valerie Lingg – Family Law Attorney, International Family Law
Family Law Attorney, International Family Law
Eva Zaunbrecher-Boschloo – Family Law Attorney, International Family Law
Lawyer at Law (International) Family Law
Clients are guided by a dedicated lawyer who oversees the entire file and communicates discreetly.
Frequently Asked Questions
That depends on the matrimonial property regime. In a community of property, the business generally falls within the community. With prenuptial agreements, the business may be excluded, but a periodic settlement clause that has not been complied with can still lead to a settlement. Depending on the circumstances, a legal assessment is necessary.
Several valuation methods exist: intrinsic value, the profitability method, and the Discounted Cash Flow method. Each method yields a different result. In many cases, an independent accountant or registered valuator is engaged to arrive at a substantiated valuation. This is general information, not individual legal advice.
For entrepreneurs, alimony is calculated based on actual income, including salary and dividends. A buyout arrangement requiring debt financing can affect income and thus the amount of alimony. Depending on the circumstances, a customized approach is necessary.
Prenuptial agreements drawn up before the marriage can keep the business outside the community. If there are no prenuptial agreements or if they have not been complied with, the business may still be involved in the division. Depending on the circumstances, a lawyer will assess your situation.
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